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Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET]

Turkey

On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet service provider in Turkey, which is vertically integrated with the incumbent wholesale broadband access provider, Turk Telekom. The decision comprises of TCA’s assessment as to whether TTNET had abused its dominant position, in violation of article 6 of the Law No. 4054 on Protection of Competition (“Competition Law”), via certain types of bundled sales of fixed broadband internet and pay TV services.

Turkish Data Protection Authority’s Recent 
Resolution Concerning SMS, E-mail and Call Advertising

Turkey

Shortly after its establishment with the Turkish Data Protection Law No. 6698 (“Law”), the Turkish Data Protection Authority (“DPA”) has started to observe the data protection ecosystem of Turkey. In this regard, the DPA has been focusing on the areas, where data protection concerns are perceived more concentratedly. One of the instruments that the DPA has been putting to use is adopting resolutions, where the violation is prevalent.  It is worth to note that “resolutions” are different than “decisions” in nature within the meaning of the Law.

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

Turkey

After three years of investigation, on July 18, 2018, The European Commission (“Commission”) issued its decision on the well-known Android case and fined Google LLC (“Google”) an astounding €4.34 billion for abusing its dominant position. The Commission held that “since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search”. The fine imposed to Google is the biggest of all times. The decision also opens the door to civil actions under which affected parties may claim compensation for damages incurred due to Google’s abusive conduct.

Sayenko Kharenko Advises VR Capital on Acquisition of Stake in Ukrainian Solar Park Projects

Ukraine

Sayenko Kharenko has advised VR Capital on the acquisition of 50% of shares in Nicken Holdings LTD from Investment Capital Ukraine. Avellum reportedly provided transactional support to Investment Capital Ukraine on the sale.

Avellum Advises EBRD on Financing for Ukraine's Negabarit-Service

Ukraine

Avellum acted as the Ukrainian legal counsel to the EBRD in connection with a senior secured loan of up to EUR 2.6 million to Negabarit-Service LLC, a Ukrainian company specializing in oversized and complex auto cargo transportation.

Avellum and White & Case Advise on IBRD-Supported Financing for Ukraine

Ukraine

Avellum acted as Ukrainian legal counsel and White & Case provided English-law advice to the Ministry of Finance of Ukraine in connection with two syndicated EUR-denominated facilities arranged by Deutsche Bank in December 2018 and March 2019 for a total amount equivalent to approximately USD 1 billion. Sayenko Kharenko and Clifford Chance reportedly advised Deutsche Bank. Reed Smith reportedly was English law counsel to the facility agent, TMF Global Services Limited.

The Buzz in Macedonia: Interview with Dragan Dameski of Debarliev, Dameski & Kelesoska

Macedonia

“Unfortunately the situation in Macedonia is not bright” says Dragan Dameski, Partner at Debarliev, Dameski & Kelesoska in Skopje, referring to the prolonged political instability in Macedonia, and the “selective implementation of rule of law by the official institutions and bodies in power.”

New Changes in Macedonia’s Law on Construction Land to Ease the Sale of Land

Macedonia

The Government of the Republic of Macedonia, in its program for the period 2014-2018, incorporated a project that shall enable electronic concluding of real estate purchase agreements.

Amendments in Macedonia’s Notary Public Regulations to Bring Procedural Efficiency

Macedonia

It is expected that the new Law on Notary Public will overcome the weaknesses identified in the existing Law and will also lead to higher efficiency in the notary public operation.

EPAM Successful for Petersburg Tractor Plant in Claim of Unfair Competition Against Spetsstroymash

Russia

Egorov, Puginsky, Afanasyev and Partners has successfully defended the interests of the Petersburg Tractor Plant in an unfair competition dispute.

EPAM Successful for Abrau-Durso in Challenge to Rospatent

Russia

Egorov, Puginsky, Afanasyev and Partners has persuaded Russia's Bureau in the Chamber for Patent Disputes to overrule the decision of Rospatent and register a new trademark in the name of “Abrau-Durso.”

EPAM and Tilling Peters Successful for Bayer in Russian Patent Dispute

Russia

Egorov Puginsky Afanasiev & Partners, working with Tilling Peters, has successfully represented the interests of German multinational Bayer in a patent dispute before Russia's Intellectual Property Court, which overturned previous court rulings in the case.

Quarterly Update on Trade Defense Cases in Turkey – March 2019

Turkey

The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade (“Ministry”). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

Cinema Sector Still Tangled Up In Revenue Sharing Models: The Turkish Competition Board Decided Not To Initiate a Full-fledged Investigation

Turkey

The reasoned decision1 of the Turkish Competition Board (the “Board”) concerning the  preliminary investigation initiated by the Turkish Competition Authority (the “Authority”) against four movie producers and their professional union has been published on the official web-site of the Authority on March 8, 2019 (the “Reasoned Decision”).

Garden Leave under Turkish Labor Law

Turkey

The concept of garden leave is not a familiar concept to Turkish labor law as the legislation does not regulate this concept explicitly. The employers however in practice might have the need to make use of this concept for various reasons. Below we first introduce the concept of garden leave in general and then examine this concept under Turkish labor law.

Tkachuk and Krasovskiy Jump from Jeantet to Integrites

Ukraine

Former Jeantet Partners Illya Tkachuk and Igor Krasovskiy have joined Integrites in Kyiv, bringing the total number of partners to 19 across the firm's six offices.

Why the Registration of Marriage in Ukraine is Better Than in...

Ukraine

Everything is quite simple. Marriage registration between foreigners in Ukraine is a legal, easy, fast and fairly cheap procedure.

Legal Alert: The AMCU`s Recommendations Regarding the Application of Discounts in the Distribution of Medical Products

Ukraine

On February 21, 2019, the Antimonopoly Committee of Ukraine (hereinafter – the "AMCU") adopted Recommendations on the Application of Competition Legislation in Vertical Practices on Supply and Marketing of Medicines (hereinafter – "Recommendations").

JPM Assists Gastrans with Successful Application to Serbian Energy Agency

Serbia

JPM has assisted the Gastrans d.o.o. gas inter-connector in its successful application for exemption from third-party access rules and regulated prices by the Energy Agency of the Republic of Serbia.

Agreement on Social Security between Republic of Serbia and Russian Federation Entered into Force

Serbia

On 1 March 2019, the Agreement on Social Security between Republic of Serbia and Russian Federation entered into force.

JPM Supports Gastrans Novi Sad as Compliance Officer

Serbia

Jankovic Popovic Mitic has been appointed as a compliance officer of Gastrans d.o.o. Novi Sad. The appointment of JPM was approved by the Serbian regulatory authority.

A Transformation in the Balkan Legal Industry

Serbia

A transformation of the legal profession is happening globally, and its effects are also felt, slowly but surely, in the law firms of Southeast Europe. Due to the changing expectations concerning the quality, speed, and commerciality of services, we are seeing a move towards even more client-oriented solutions. Traditional sectors are being replaced with emerging industries, and where we previously had slow processes, with low profit margins, we see value being generated at lightning speeds. Also, a new generation that entered the workforce recently is slowly imposing their own values and approaches, necessitating changes in structure and the values of traditional legal practices.

Karanovic & Partners and Jerman & Bajuk Advise on Conscia Holding Acquisition of NIL Skupina

Slovenia

Karanovic & Partners has advised Conscia Holding on its acquisition of NIL Skupina from 24 private individuals. Jerman & Bajuk advised the sellers.

Karanovic & Partners and Schoenherr Advises on PPF Acquisition of Telenor Banka

Serbia

Karanovic & Partners has advised the Czech Republic's PPF Group on its acquisition of Telenor Banka, the first fully mobile and online bank operating in Serbia, from Norwegian mobile operator Telenor. Schoenherr and Latham & Watkins advised the sellers.

New Rules on Digital Copyright Before the European Parliament

Hungary

On 13 February 2019 the European Parliament and Council agreed on how the EU’s copyright rules should be updated aiming to strengthen the position of the journalists and artists vis-á-vis the large online platforms.  According to the agreement, the big online platforms should no longer be able to earn money by using journalists’ and artists’ content without paying them. Crucially, start-ups and smaller online platforms (under 10 million global turnover or not more than 5 million unique monthly visitors) will be subject to less strict obligations than well-known large companies like Facebook or YouTube.

New Rules in the Land Registry Act in Hungary

Hungary

In principle, in the course of the land registry procedure, the position of an entry of record in the land registry, and the order of such records is determined by the filing date of the applications or requests. Under the Hungarian Land Registry Act, the order of the entries may be modified on the basis of an authentic instrument signed by all parties, a private document countersigned by an attorney or bar association legal counsel, or on the basis of a private document where the signatures of the parties are attested by a notary public.

Data Transfers Under the GDPR in Case of a No-Deal Brexit

Hungary

In the absence of an agreement between the EEA and the UK (no-deal Brexit), the UK becomes a „third country” as of 00.00 am CET on 30 March 2019. This means that the organisations should revise those of their processing activities, which imply transfer of personal data to the UK.

Vujacic Advises Atlas Invest on Sale of Budva Property

Montenegro

Law Office Vujacic has advised Atlas Invest on the sale of "The Old Post" building in Budva, Montenegro, to an unnamed private individual, for EUR 3.2 million.

Intellectual Property Rights in Montenegro

Montenegro

The development of intellectual property rights in Montenegro started when Montenegro became independent in 2006 and since the Intellectual Property Office of Montenegro – which deals with industrial property rights – started operations in 2008.

As a developing country and a candidate state for the EU and NATO, Montenegro has done a great deal to establish an effective legal and institutional framework in many areas.

Bojana Tkalcic-Dulic Retirest from Tkalcic-Djulic, Prebanic & Jusufbasic-Goloman

Bosnia and Herzegovina

Bosnia and Herzegovina's Tkalcic-Djulic, Prebanic & Jusufbasic-Goloman Law Firm has announced that Senior Partner Bojana Tkalcic-Dulic retired at the end of 2018. 

The Buzz in Bosnia & Herzegovina: Interview with Arela Jusufbasic-Goloman, Partner of Tkalcic-Dulic, Prebanic, Rizvic & Jusufbasic-Goloman

Bosnia and Herzegovina

Tkalcic-Dulic, Prebanic, Rizvic & Jusufbasic-Goloman Partner, Arela Jusufbasic-Goloman, says that no significant laws or regulations have been passed in Bosnia & Herzegovina recently that could influence the work of lawyers or the business sector, although they are much needed.

The Buzz in Bosnia & Herzegovina: Interview with Adela Rizvic of Advokatski Ured Tkalcic-Dulic, Prebanic, Rizvic i Jusufbasic-Goloman

The Buzz

"There are certain developments influencing our day-to-day business,” says Adela Rizvic, Partner at Advokatski Ured Tkalcic-Dulic, Prebanic, Rizvic i Jusufbasic-Goloman in Sarajevo.

PRK Partners and Havel & Partners Provide Czech Counsel on RWE Acquisition of Majority Stake in Innogy Grid Holding

Czech Republic

PRK Partners, working alongside lead counsel Freshfields, has advised RWE on Czech aspects of its acquisition of 50.05% of the shares in Innogy Grid Holding. Czech counsel for the seller, Innogy SE, was Havel & Partners.

PRK Partners Advises on Equity Investment in Foodie Marketplace in Prague

Czech Republic

PRK Partners has advised Martin Barry, the developer of the Manifesto marketplace in Prague, on the acquisition of a minority equity stake in Manifesto by the Rockaway Group. The transaction closed in February 2019, and financial details were not disclosed.

Guest Editorial: Will A.I. Ultimately Be Our Undoing?

Czech Republic

Less than 30 years after the wholescale introduction of computers into the legal profession, we find ourselves on the brink of a 4th industrial revolution. Today, we have cars that can drive on their own, we can print almost anything (including entire buildings and human body parts) on a 3D printer, and the Internet of Things is becoming a natural part of our everyday lives. All these tools are making our lives easier and more comfortable. And as the business world adapts to this new era, the legal profession obviously cannot stay behind.

Miro Senica and Attorneys and Rojs, Peljhan, Prelesnik & Partners Advise on Sale of Gorenje Surovina to Eko Surovina

Slovenia

Law firm Miro Senica and Attorneys has advised household appliance manufacturer Gorenje d.d., on its December 20, 2018 sale of Gorenje Surovina d.o.o., a waste management services provider in Slovenia, to Eko Surovina d.o.o., a member of the Rastoder Group. Rojs, Peljhan, Prelesnik & Partners advised the buyers on the deal.

Selih & Partners and RPPP Advise on KJK Fund Acquisition of Sporting Goods Manufacturer Elan

Slovenia

Selih & Partners has advised the KJK Fund on its acquisition of Slovenian sporting goods manufacturer Elan from MLI (part of the Bank of America Merrill Lynch group) and Wiltan (part of VR Capital group) as sellers of Elan. Rojs, Peljhan, Prelesnik & Partners advised the sellers.

Selih & Partners and RPPP Advise on Syndicated Loan for Interblock Group

Slovenia

Selih & Partners has advised Slovenia's NLB banking and finance group on a long-term syndicated loan of USD 72 million and a mid-term revolving facility of EUR 30 million extended by a consortium of banks which it belongs to the Interblock Group. Rojs, Peljhan, Prelesnik & Partners advised Interblock on the deal.

Looking Back on Five Years of Dramatic Change In Serbia

Serbia

In the last five years significant changes have occurred in the Serbian business and political environment. This has been a time of dramatic change – with the general goal of transforming the position and the image of Serbia both regionally and globally, strongly affirming a pro-EU stance and making Serbia much more attractive for foreign investment. Obviously, both of these goals are interconnected because improving the image of a country brings more investments, and foreign investors generating profits in Serbia improves Serbia’s global image.

BDK Advokati and SOG Advise on Dnata Serbian EAP Shared Services Acquisition

Serbia

BDK Advokati has advised Dnata, a global corporation based in the United Arab Emirates, on the acquisition of all the shares in Serbian EAP Shared Services d.o.o. from Etihad Airport Services LLC. Samardzic, Oreski & Grbovic advised Etihad Airport Services on the deal.

Digitalizing the Business World of Serbia

Serbia

The National Assembly of the Republic of Serbia has, on 8 June 2018, adopted the Amendments to the Companies Act (“the Amendments”).  As already observed, the provisions set out under the Amendments represent an answer to adjusting to the current business needs in Serbia.

CMS and DLA Piper Advise Erste Group Immorent on Sale of Croatian Hotel Resort

Croatia

CMS (on M&A) and DLA Piper (on financing) have advised Erste Group Immorent on the sale of the five-star hotel and apartment complex Radisson Blu Resort & Spa, Dubrovnik Sun Gardens to Chinese investor ADC GmbH. Savoric & Partner advised the buyer on the deal.

The Buzz in Croatia: Interview with Boris Savoric of Savoric & Partners

The Buzz

The relative success of the center-right Croatian Democratic Union in the September 11th extraordinary parliamentary election in Croatia “should be good for Croatia and good for business" reports Boris Savoric, Senior Partner at Savoric & Partners in Zagreb, if the party succeeds in forming a government with one of the minority parties in the country.

The Glass CEEling

Baker McKenzie

Women’s Day is behind us, but the subjects of gender equality and equal opportunity are of year-round concern. This, the first part of a special two-part CEE Legal Matters article on women in private practice in CEE, provides the numbers and percentages from leading law firms across CEE, as well as a more thorough snapshot of one representative market. Part II of the report, in the June issue, will pull back the curtain even more, providing feedback and perspectives from lawyers across the region.

Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET]

Turkey

Pursuant to the Turkish Data Protection Law which aims to provide data security, it has set some rights and obligations to specific subjects. Those subjects fall into three categories: data subject, data processor and data controller. Data subject expresses a real person whose data is processed; data controller is defined as the real or legal person that determines the objectives and tools of processing of the personal data, and is responsible for the establishment and management of a data recording system; data processor is defined as the real or legal entity that processes the personal data, with the authority bestowed by the data controller, and in the name of the data controller. Data Protection Law sets forth essential responsibilities for data controllers, as follows:

Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET]

Turkey

Protection of intellectual property rights and preventing infringements arisen against them has gained importance at the global world in recent years and both domestic and multinational companies’ awareness rate is increasing continuously regarding this matter. But this results in an increase at court workload especially regarding IP related disputes causing slowdown at legal system in countries which has a developing industry like Turkey.

Suciu Popa Successful for Enel Green Power Romania in Tax Dispute

Romania

Suciu Popa has successfully represented Enel Green Power Romania in litigation based on what the firm describes as "the wrongful calculation and illegal enforcement of local taxes related to a wind farm and other related accessories."

Guest Editorial: How I Spent the Last 20 Years

Romania

1999 was the year I started my career as an attorney, as a young graduate from the law school at Bucharest University, just accepted to the Bucharest Bar. Times then were so much different than today, and as 20 years have gone by, I look at what those years have meant for Romania and for me, and how much things have changed for the country I continue to live in and build my personal and professional life in.

Suciu Popa Advises Central Bottling on Acquisition of Sole Control of Muller Romania

Romania

Suciu Popa has advised Central Bottling Company Ltd. on acquisition of sole control of Muller Romania, the Romanian subsidiary of Molkerei Alois Muller GmbH & Co. KG, a multinational producer of dairy products.

Schoenherr Establishes Consumer Protection Group

Austria

Schoenherr has established a dedicated firm-wide Consumer Protection group, led by Partner Wolfgang Tichy.

Jones Day, Schoenherr, and CMS Advise on Sale of Majority Stake in Societe Generale Montenegro to OTP Bank

Montenegro

Jones Day has advised Societe Generale in connection with the sale of its majority stake in the share capital of Societe Generale Montenegro, a company listed on the Montenegrin Stock Exchange, to OTP Bank Nyrt. Schoenherr advised Societe Generale on matters of Montenegrin law, while CMS advised OTP.

The Buzz in Macedonia: Interview with Emilija Apostolska-Temov of Apostolska & Partners

Macedonia

“The talk about the entrance of two regional players – CMS and Schoenherr – onto the Macedonian market last year is still on everyone’s lips (among lawyers),” says Apostolska & Partners’ Founding Partner Emilija Apostolska-Temov in North Macedonia, who says that the presence of such law firms in the market will undoubtedly influence business, increasing both the quality of legal services and competition. “It also gives us a hint about investments coming in – such big law firms would not come without any plans,” she says. “They must know something that the rest of us will learn later. I think it will be a positive experience.”

Amendments and Supplements to the Law on Agricultural Land

Serbia

Foreigners acquiring ownership of agricultural land in the Republic of Serbia.

The Fashion of the Day: Balkan Legal Alliances

Legal Markets

Partners at Serbian Law Firms Discuss the Growing Number of Legal Alliances Appearing Across the Former Yugoslavia 

Serbia: Terms and Conditions for Attracting Direct Investments

Serbia

In late December 2016, the Government of Serbia passed the new Decree on Terms and Conditions for Attracting Direct Investments. The Decree supplements the Law on Investments (2015), regulating in finer detail criteria, conditions and means of attracting direct investments, in particular granting of State incentive funds for investment projects. 

Wolf Theiss Advises Volksbank Wien AG on Covered Bonds and Notes Placements

Austria

Wolf Theiss has advised Volksbank Wien AG on its March 4, 2019 placement of EUR 500 million covered bonds and the April 9, 2019 EUR 200 million additional tier 1 notes.

Wolf Theiss Appoints Outgoing Warsaw Co-Managing Partner Ron Given as U.S. Representative

Poland

Effective April 1, 2019, Wolf Theiss Poland Co-Managing Partner Ron Given will assume the newly-created role as Wolf Theiss's U.S. Representative.

Jan Kotous Brings Team from Wolf Theiss to Deloitte Legal in Prague

Czech Republic

Former Wolf Theiss Partner Jan Kotous has brought a five-person team from that firm to Deloitte Legal in Prague.

Watson, Farley & Williams Advises on Financing Agreement with Metric Capital Partners

lmf.at

Watson Farley & Williams
Typography

Watson, Farley & Williams has advised Leobersdorfer Maschinenfabrik (LMF), a portfolio company of the Equita private equity company, on a new financing agreement with European private capital fund manager Metric Capital Partners.

The financing by Metric is expected to support further international growth to reinforce LMF’s positioning as a global provider of premium compressor systems. 

Leobersdorfer Maschinenfabrik is headquartered in Leobersdorf, Austria, and is a leading manufacturer of made-to-order high-pressure piston compressors for natural gases, process gases and air. LMF’s compression solutions are provided for a range of niche applications in the oil and gas industry. Equita is an independent private equity company unaffiliated to banks, acquiring majority stakes in medium-sized companies in the German-speaking markets.

The WFW team advising EQUITA and LMF on the facility and related documentation was led by WFW Partner Stefan Kilgus, with support from Simon Preisenberger and Associates Alexander Wojtek and Marcus Mutzelburg.

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